Rakesh Tiwari - (1.) -This writ petition is directed against the order dated 5.2.1981, passed by the Deputy Director of Education, I Mandal, Meerut-respondent No. 1 allowing the appeal filed by respondent Nos. 3 to 5 against the order of District Inspector of Schools and approving the resolution dated 14.2.1979 whereby the petitioner was dismissed from service.
(2.) THE petitioner was Head Clerk in Kisan Mazdoor Inter College, Atfara, District Meerut. He was appointed as Assistant Clerk by the Manager of the aforesaid College on 1.8.1973 and was confirmed as such w.e.f. 1.8.1974. He was promoted to the post of Head Clerk w.e.f. 29.4.1978. The case of the petitioner is that on 26.6.1978, election of the office bearers and members of the Committee of Management of the College was held in which one Sri Chandra Kiran Singh Tyagi was elected as Manager of the College. The papers for approval of the aforesaid election were sent to the respondent No. 2 on 27.6.1978 which was disputed by one Sri Jaswant Singh who claimed himself to be the elected member of the College. However, election of Sri Jaswant Singh was approved by respondent No. 2 vide order dated 8.8.1978. Thereupon, Original Suit No. 440 of 1978 was filed by Sri Chandra Kiran Singh Tyagi before Ist Additional Civil Judge, Meerut. An application for interim injunction was also moved in the said suit. Application for interim injunction was disposed of by the Additional Civil Judge with the observation that Sri Chandra Kiran Singh Tyagi was prima facie elected member of the College, but he was not in effective control of the affairs of the College and that since there was no prayer for mandatory injunction, no relief could be granted to him. However, District Inspector of Schools was directed to review his order dated 8.8.1978.
(3.) THEREAFTER, review application filed by Sri Chandra Kiran Tyagi was allowed vide order dated 21.8.1978 and he was recognized as Manager of the College vide order dated 13.10.1979. Validity and correctness of the aforesaid order dated 13.10.1979 was challenged in Civil Misc. Writ Petition No. 8207 of 1979 by Sri Jaswant Singh and others which was dismissed vide judgment and order dated 9.1.1980, passed by this Court. Sri Jaswant Singh challenged the aforesaid order of this Court before Hon'ble the Apex Court in Civil Appeal No. 206 of 1980. The aforesaid civil appeal was disposed of by Hon'ble the Apex Court vide judgment and order dated 28.1.1979. The operative portion of the order is as under : "We feel that the observations of the civil court in disposing of the interlocutory application were erroneous and subsequent proceedings by the District Inspector of Schools and the High Court are not sustainable. The civil court is seized of the matter and any interim relief which the parties may seek will have to be decided and adjudicated upon by the civil court. We set aside the order of the District Inspector of Schools on review and the order of the High Court. The parties would be at liberty to apply to the civil court and the civil court will dispose of the claims of the parties according to law.";